Karya Ilmiah
TESIS (1268) - Peran Organisasi Notaris Dalam Memberikan Perlindungan Hukum Bagi Anggotanya Berkenaan Dengan Sanksi Jabatan
Title Deed is a public office (vetrouwenambt). Communities to put their
trust (public trust) in the shoulder as a notary public officials who are competent
in making an authentic document. Consequently notary's office is run by
remembering the dignity of nobility / position that demands responsibility, and
moral integrity of the notary. Reason rescue / protection of public interests (public
interest, security) to sanction the existence of keywords Notary's office. Notary
Public officials who carry out some tasks of the state, resulting in its investigation
of any act of parties must respect the honorable position as an ambassador to
investigate, prosecutors, judges, board members, or ministers. Notary monitoring
should also be followed by guidance and protection because without them the
process that runs the trilogy will not be optimum The function of guidance,
protection, and internal controls are more likely to be conducted by the Deed of
organization, whereas external oversight functions under the Ministry of Justice
and Human Rights by establishing a Board of Trustees.
In connection with the writing of this thesis, the approach used is based on
the approach taken by law (law approach), while also used a conceptual approach
(Conceptual Approach), which is an approach based on definitions, concepts and
opinions / arguments legal experts, and issues to be discussed is about how to
apply sanctions against violators of notary offices and the role of Indonesia as the
container sanctions Notary Notary Association as a member of the office.
If the deed is made by deed proved to violate or limit such violations meet
the definition in UUJN, Notary in obliged to pay compensation, costs, and interest
to the parties who suffered losses. In addition, the act can be punished by civil law
notary in question was sued to court. Administrative fines for violations of deed
against all liabilities and duties of the notary offices that can be categorized as a
violation of administrative penalties and sanctions imposed code of ethics. If one
party or the judge person facing or assume or know that the deed which violates
the provisions UUJN, parties who provide assessment shall be able to prove that
through the court process (lawsuit) and ask for reimbursement of expenses, damages and interest to the notary in question. To prove his assessment, pointing
to provision or article that is violated by a notary public. If the court decides the
strength of evidence as the notarial deed under hand or null and void, then any
such court decisions can be prosecuted Notary fees, damages and interest. The
role so far has never helped or provide legal assistance if the position of Notary
sanctions, in this case Indonesian Notary Association did not hesitate to take
action against members who proved to have run his profession like not ethical,
because the violations by the notary profession can cause distrust among the
people. To improve the professional ethics Notary, Indonesian Notary Association
ethics exams held every year. In addition, members who sit on the Board of
Trustees Indonesian Notary Association Deed at the national, regional or district
reported Indonesian Notary Association Supervisory Panel Deed jobs every six
months, members of the Guidance is the duty of all elements of the organization.
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